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Rectification is an equitable remedy which allows a document to be revised where there has been a transcription mistake in recoding in writing a previous oral agreement.Rectification could not be applied without the existence of an exception to the parol evidence rule, since extrinsic evidence must be introduced to prove the content of the original oral agreement. This is not an example of the work written by our professional essay writers.Parol evidence rule is a rule that preserves the genuinity or integrity of a written document.Court of Appeal held that the extrinsic evidence could not be substituted.The court's decision held that they will stick with the terms of the written agreement.
This may seen unfair to the tenant but the tenant didn't took the advantage to change the terms of the contract before signing.
Secondly, the written document must contain an error or more.
Thirdly, no third party must have acquired an interest in the subject matter of the contract and lastly, the amendment me be capable of expression in clear terms.
This means that the contract is not entirely a written contract therefore the parol evidence rule absolutely does not apply.
The exception states that extrinsic evidence is permitted to show if it can be proved by both parties that the contract consist of oral and written terms.